Published: 2018-08-29

Interruption of the Course of Limitation of Claims Confirmed by a Bank Enforcement Order: A New Perspective

Joanna Misztal-Konecka
Zeszyty Prawnicze
Section: Artykuły
https://doi.org/10.21697/zp.2018.18.2.03

Abstract

Summary
Te fact that banks have lost their right under Polish law to issue bank enforcement orders does not mean that there have been no cases connected with claims confirmed by such orders in current Polish judicial decisions. Te system which has been revoked concerned the issue of enforcement orders which could constitute the grounds for execution if a court granted an enforcement clause. Claims for restitution orders for debts due to a bank acquired by way of assignment from non-bank entities are still very common in Polish courts. Certain decisions handed down by the Supreme Court have given rise to a now generally recognised approach, whereby a non-bank entity which has acquired a claim for a bank debt cannot resort to options available to a bank which are performed on the grounds of a bank enforcement order, such as application for an enforcement clause, or application for the institution of execution proceedings. This is a welcome standpoint, and the article presents arguments to support it.

Keywords:

limitation, bank enforcement order, application for an enforcement clause, application for the institution of execution proceedings.

Download files

Citation rules

Misztal-Konecka, J. (2018). Interruption of the Course of Limitation of Claims Confirmed by a Bank Enforcement Order: A New Perspective. Zeszyty Prawnicze, 18(2), 61–103. https://doi.org/10.21697/zp.2018.18.2.03

Cited by / Share


This website uses cookies for proper operation, in order to use the portal fully you must accept cookies.